Buying a used car Open (simplified) tender

Such as concerning the scope of the contract (object, quantity, place, time), the procurement is for one used car (a medium‑size SUV or pseudovisureigis) under CPV 34110000‑3. The object is not divided into lots, and the total offer price must not exceed 26 446,28 EUR excluding VAT. A detailed description and technical requirements for the vehicle, including green (environmental) criteria, are set out in the Technical Specification (special conditions Annex 2). According to the draft contract’s special conditions, the supplier must deliver the vehicle within 1 month from contract entry into force to the address Vasario 16‑osios g. 27, Panevėžys, LT‑35185. The contract provides that the vehicle must come with at least a five‑year or 100 000 km additional mileage warranty (whichever occurs first), with warranty starting from the signing of the delivery‑acceptance act. With the car, the supplier must deliver, such as a handover act, registration certificate, civil liability insurance certificate valid for one month, telemetric control system installation conditions, and documents or electronic extract confirming the maintenance history; if these documents are not presented, the goods are deemed non‑compliant. The procurement is a “žaliasis pirkimas” (green purchase), following Lithuanian environmental criteria rules for such purchases.

Such as on award criteria and weighting, the contracting authority selects the economically most advantageous tender based solely on price: the offer price (with all taxes, including VAT) calculated as required in special conditions Annex 5. There is no electronic auction in this procedure. A single tender in first place in the ranking may be declared the winner. Bids are evaluated by the commission; initially, general compliance and any non‑object‑related requirements are checked, as well as exclusion grounds and qualification based on the ESPD. Technical data are assessed first; if technical characteristics are not quantifiable and the procedure requires “two envelopes”, technical content is evaluated separately and only compliant bids proceed to the opening of price/savings (second envelope). If a bid is rejected after evaluating the technical part, the price envelope is not opened. Where the authority evaluates purely on price (or cost) and quality characteristics are numerically assessable (single envelope), technical and price data are reviewed together. The authority will also verify if prices are not unacceptably high, and whether any proposed price is abnormally low, requesting justification where necessary; bids may be rejected if price is unjustifiably low, violates environmental/social/labour obligations, is based on unlawful state aid, or is unacceptably high given budget constraints. The authority sets a bid order by decreasing economic value (lowest price first in this case); if economic value is equal, earlier electronic submission time determines precedence. Before confirming the winning bid, it requires the leading bidder to submit updated documents evidencing exclusion‑grounds absence, qualification compliance, and (if applicable) conformity with quality/environmental management standards.

Such as with risks, penalties and special conditions (guarantees, subcontracting, validity, deadlines, visits), bids must be submitted in Lithuanian; if documents are in other languages, a precise translation into Lithuanian is required, and the authority may demand a translator‑signed and translation‑office‑stamped version or notarial confirmation in case of doubt. Bid prices must be in euros, with total price including VAT given to two decimal places. The bid validity guarantee (financial security) is not required, but the authority expressly reserves the right to claim damages if the bidder alters or withdraws the offer during its validity, or if the winning bidder refuses to sign the contract. Questions for clarifications on the tender documents must be submitted no later than 6 days before the bid submission deadline; the authority may organise explanations and corrections via CVP IS, but explicitly states it will not hold physical meetings or site visits with suppliers for this procurement. Subcontracting is allowed: the bidder must indicate in its tender which contract parts and which subcontractors (if known) will be used. The authority may require checks of subcontractor exclusion grounds and national security/kilmės (origin) requirements, and may demand replacement of a subcontractor who fails these conditions. Under the contract, subcontractors and specialists used to fulfil key qualification commitments or national security requirements cannot be changed freely: any replacement of a relied‑upon subcontractor or specialist requires a prior, reasoned written request at least 5 working days in advance and approval by the buyer, and the new entity must meet the same qualification, exclusion‑ground, national security and origin conditions as the original. If the supplier changes or engages subcontractors or specialists without consent, or uses ones that do not meet the tender’s qualification, national security or origin criteria, special‑conditions penalties (baudos) apply. For non‑relied‑upon subcontractors, changes are more flexible but still subject to prior notice and potential exclusion‑ground and national‑security checks.

Such as regarding guarantees, netesybos and contract risks, the standard goods contract includes penalties for late performance and other breaches. If the special conditions require, the supplier must provide a “Sutarties įvykdymo užtikrinimas” (performance security) in the form of a first‑demand bank guarantee or insurance company surety letter (with policy and proof of paid premium) or other security specified in the special conditions, within the specified time after award. Failure to provide the performance security in time is treated as refusal to conclude the contract, enabling the authority to move to the next bidder in the ranking. The performance security must be unconditional, irrevocable, payable in euros, valid at least for the contract duration, and cannot limit bank/insurer liability only to direct damages; the buyer is not obliged to prove its actual loss to call the guarantee. If the contract or its deadlines are extended, or delivery/defect correction is delayed, the supplier must extend or replace the performance security accordingly; late extension triggers daily penalties as set in the special conditions. The buyer may cash the security in case of non‑performance, untimely defect correction, or if it suffers losses (including additional costs, lost income, other direct or indirect losses, penalties and fines where foreseen), or if the supplier unjustifiably terminates the contract. The contract further regulates possible advance payments and related “Avanso užtikrinimas” (advance payment guarantee), although in the vehicle contract’s special conditions no advance is foreseen (“Netaikoma”). The contract may be terminated by mutual agreement or unilaterally in cases of essential breach, such as non‑performance for the agreed price or repeated delay leading to late‑payment penalties exceeding 20% of the initial contract value.

Such as with contradictions or corrections among documents, the procurement conditions and contract clearly define document hierarchy. For procurement documents, if there is any inconsistency between the notice (skelbimas) and the tender conditions, the notice prevails. If there is a conflict between special tender conditions and their annexes, the special conditions prevail; if special conditions conflict with general tender conditions, special conditions prevail. If the contracting authority later amends tender documents, the newest version overrides older ones, and suppliers must follow the latest published conditions and clarifications. In the contract itself, the hierarchy is: Technical Specification, then Special Conditions, then General Conditions, then other procurement documents (excluding the technical specification), then the supplier’s offer, and finally other annexes listed in the special conditions. Any later “Susitarimas” (contract amendment) has precedence over the clause it changes, and newly added clauses or annexes can be given explicit priority. The documents also clarify that where tender or contract provisions conflict with the Lithuanian Public Procurement Law or other legislation, the legal norms prevail. Overall, the text systematically resolves potential contradictions between documents and emphasises that the most specific and most recently updated conditions (notice, special conditions, amended clauses) are controlling.